By Sonam Yangzom

Nov 23, 2008-Thimphu: The members of parliament are once again disappointed.

They say the recent move by the protocol department of the foreign ministry on the order of precedence was unilateral and needs to be discussed at Parliament.

The order of precedence is the protocol list that spells out line-ups and seating arrangement at all official functions.

According to the protocol department, the order is established on the basis of international norms and practices as well as the unique traditions of the country.

However, MPs say the order of precedence is a rule that is to be followed by everyone during official functions and MPs being the lawmakers have the authority to look into it before it is finalized.

The speaker of the National Assembly, Tshogpon Jigme Tshultim, told BT that according to Article 1 Section 13 of the Constitution, the executive, legislative and the judiciary are three separate branches of the government and no encroachment of each other’s powers is permissible except to the extent provided for by the Constitution.

“Rules can be made even without involving the National Assembly. But the order of precedence concerns MPs, that is why it is necessary to discuss the issue in the Assembly,” he said.

In the order of precedence, the speaker of the National Assembly is seated in the 11th row after the Chief Justice of Bhutan. But according to the Speaker’s Act 2004, the speaker should be placed high in the warrant of precedence, standing next to His Majesty the King and the Prime Minister.

“The power to change the Speaker’s Act is given only to Parliament but by changing the order of precedence the protocol department has changed the Act,” said Tshogpon Jigme Tshultim.

Haa MP Ugyen Tenzin told BT that lawmaking should always be done in Parliament. “Government departments cannot change laws. If they do so then it is hijacking the role of parliamentarians,” he said.

He added any decision made by government agencies that have repercussions on the role and authority of MPs should go through Parliament. Otherwise MPs will not be able to play the expected role, he said.

Most MPs said anything concerning them should be routed through Parliament but the protocol department had bypassed them.

The National Council chairperson, Namgay Penjore, said if needs be the issue could be discussed in depth and that things shouldn’t go hidden.

Tshogpon Jigme Tshultim said the MPs could discuss the same in the upcoming parliamentary session in December.